Despite the abundance of HR information available, many employers still make decisions based on outdated advice, workplace folklore, assumptions or how it used to be. Unfortunately, getting it wrong can lead to grievances, poor employee relations costly mistakes and tribunal claims.
Here are some of the most common HR myths we still hear from employers and what the law actually says.
Myth 1: An employee with less than two years’ service has no rights
This is one of the most common and dangerous misconceptions. A dismissal is never without risk. While employees generally need qualifying service of 2 years’ service to bring an ordinary unfair dismissal claim, protection from discrimination, whistleblowing detriment, health and safety dismissal, and several other statutory rights apply from day one and even prior to employment.
Employers should still follow a fair process and document decision-making whilst also remembering this timeframe will reduce from 2 years to 6 months from January 2027.
Myth 2: Staff on probation have fewer employment rights
Probation periods are a contractual tool. Employees on probation still have statutory employment rights, including holiday entitlement, National Minimum Wage protection and protection from discrimination.
Probation should be actively managed with regular reviews and documented feedback rather than being viewed as a simplified route to dismissal and again, remembering from January the correct management of probation periods will become even more important with the reduction in qualifying employment timeframe.
Myth 3: We can reject every flexible working request
Flexible working requests must be considered reasonably. Since April 2024, employees have a day-one right to request flexible working. The answer can still be “no”, but employers must be able to justify the decision using one of the statutory business reasons.
Myth 4: A verbal warning doesn’t count
Informal conversations and verbal warnings can be important evidence. Although organisations may distinguish between informal management conversations and formal disciplinary warnings, a manager’s documented discussions can demonstrate that concerns were raised and support was provided. Keep notes of conversations and follow up important discussions in writing.
Myth 5: If somebody is off sick, we can’t contact them
We frequently hear this myth but, reasonable welfare contact is entirely appropriate, and employers should maintain appropriate communication during sickness absence, particularly where support, return-to-work planning or welfare considerations are involved.
The key is supportive, not excessive contact. No communication during sick leave is likely to cause you more problems!
Myth 6: Annual leave cannot be taken during a notice period
Holiday can often be taken during notice periods. Employers can usually require employees to take outstanding holiday subject to giving the appropriate notice and contractual provisions but make sure to check employment contracts and holiday policies before making assumptions.
Myth 7: We have to make every adjustment an employee asks for
The legal duty is to make reasonable adjustments. Under the Equality Act 2010, employers are required to consider what adjustments are reasonable in the circumstances and not necessarily every adjustment requested. Pay particular attention to what removes disadvantage and is practical for the business to implement.
Myth 8: Bullying is illegal
This can surprise many employers but there is no specific standalone definition of bullying in UK law. However, behaviour may become unlawful where it amounts to harassment related to a protected characteristic, discrimination, breach of contract, constructive dismissal or health and safety failures.
Even where conduct is not technically unlawful, employers should still address inappropriate behaviour promptly.
Myth 9: A contract isn’t valid unless it’s signed
Contracts do not always need a signature to be enforceable. Employment contracts can be formed through conduct, verbal agreement and acceptance of employment terms.
Always provide written contracts but understand that the employment relationship may exist regardless of whether they are signed or not.
Myth 10: HR is only needed when something has gone wrong
The most effective HR support is preventative. Prevention is better than cure and usually less expensive! Mistakes can be costly.
Good HR reduces risk through strong policies, clear processes, manager training, employee engagement and proactive people management.
Many HR myths exist because it is something that has been done for years but employers who understand the reality behind these common misconceptions are better placed to manage risk, support employees and make confident decisions.
But how do I know if something is a myth or fact? Speak to the View HR team. We help employers navigate employment law with practical, commercially focused advice that keeps businesses compliant and people focused.